Many consultations I have given pertaining to the question of “Parental Rights of Child Born Out of Wedlock in Florida Paternity Court Litigation.” How Paternity is Established/ In Florida, when a mother is married and gives birth, the law assumes the child’s daddy is the mother’s husband; but when the mama is unmarried at the time of the child’s birth, paternity must be established, either voluntarily or by the determination of the Court through a court order.
Paternity Action: The Florida Statutes allows a parent to file a petition for the establishment of paternity with the Florida Courts. The first step is to file a petition with the courts and have the other parent served with process to get the Court’s attention to move the case forward procedural. Once sufficient evidence is presented the Court will issue an order establishing paternity indicating that parent is the biological parent.
After the order is signed by the judge that non-custodial parent can file a motion to establish a parenting plan that will address time sharing, parental responsibility, sharing the child tax credit, vacations, and much more.
If paternity has previously been established by law or otherwise, Florida law also now provides a method by which a man may dis-establish paternity or terminate a child his support obligation if he learns the child is not his. You may still be able to obtain a paternity test even if paternity has previously been established.
Establishing a proper parenting plan and child support obligation for children whose parents never married is extremely important to the well being of your children.
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HEY! I’m Gabe Carrera, Esq and I advertise here in South Florida, Florida as the Attorney That Rides. I also founded the “30-Hour Ironman LDR Motorcycle Rally.” I am happy doing what I do best and that is helping people fight against injustice.
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This video is for entertainment and informational purposes ONLY and should NOT be considered legal advice. By watching a video or commenting on a video, we are not forming an attorney-client relationship. If you need specific legal advice, please ask an attorney in your state.